Two Supreme Court justices suggest 22nd Amendment clearly prohibits a third term for a president
Democrats and the media live in fear of, and President Donald Trump has repeatedly joked about, the idea of his somehow sidestepping the apparent limitations of the U.S. Constitution to run for and be elected to a third term in the White House.
Two Supreme Court justices, including one conservative and one liberal, have now publicly weighed in on the matter, acknowledging that the 22nd Amendment appears to clearly prohibit a president from serving more than two terms in office, according to The Hill.
Both seemed to leave themselves a margin of wiggle room, however, given that the constitutionality of the amendment has never been tested by a court challenge.
The 22nd Amendment set a two-term limit
During a recent interview on Fox News, Justice Amy Coney Barrett replied, "True," when host Bret Baier observed, "The 22nd Amendment says you can only run for office for two terms."
Asked if that assessment was "cut-and-dried," Barrett said, "Well, that’s, you know, that’s what the amendment says, right? You know, after FDR had four terms, that’s what that amendment says."
Just days earlier, during an interview with CBS News anchor Norah O'Donnell, according to The New Republic, the Trump-appointed jurist was quoted from her new book as having "explicitly" written that the Constitution "leaves no room for second-guessing when it comes to term limits."
"The Twenty-Second Amendment sets a two-term limit," Barrett explained to the host, and added, "So really, I can’t say anything else but just point to the Twenty-Second Amendment. If you ask the question 'how many terms a president can serve,' I would point to the Twenty-Second Amendment."
Sotomayor admits 22nd Amendment is NOT "settled" law
Similarly, per The Hill, liberal Justice Sonia Sotomayor was asked during a recent appearance on "The View" if the 22nd Amendment was "settled" law, but she somewhat surprisingly revealed that it was not, though its language does seem to be rather clear.
"No one has tried to challenge that. Until somebody tries, you don’t know," the Obama-appointed jurist admitted.
"So, it’s not 'settled' because we don’t have a court case about that issue, but it is in the Constitution," Sotomayor said. "And one should understand that there’s nothing that’s the greater law in the United States than the Constitution of the United States."
Trump trolls his haters about 2028
The 22nd Amendment, which states that "No person shall be elected to the office of the President more than twice," was passed by Congress in 1951 and ratified by the requisite number of states following the 1945 death in office of former President Franklin Delano Roosevelt, who'd run for and won an unprecedented third and fourth terms in the White House in 1940 and 1944.
That codified as law the traditional two-term limit first established by former President George Washington and, except for FDR, honored by all his successors.
President Trump, obviously in an effort to further troll his incessantly enraged critics, has often jokingly mused about seeking a third term in the White House, and even encourages his supporters to "rewrite the rules" with "Trump 2028"- branded hats for sale in his namesake store.
Just as often as he has joked about it, however, Trump has acknowledged the constitutional limitation against a third term, and The Hill noted that he has also indicated that Vice President JD Vance, perhaps teamed up with Secretary of State Marco Rubio, would be a formidable pair to succeed him in office following the next election.